US-UK citizen moving back with US husband
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Hi,
I am planning to move back to England after 30 years in the US with my American husband, in order to be with my family. My father recently died and I want to care for my mother and spend time with my siblings and my friends. I have been longing to return for more than 15 years but waited until my step children were older and they are now in their 30’s, and will visit us in England. Husband is retired and he is as excited as I am. I am working full-time in the US and hope to find a job in the U.K. (However, I presume that could be difficult to achieve as I am 61 and moving back to my rural hometown.) Fortunately I own a small home I bought 20 years ago so we have a home there I’ve been using as a holiday cottage.
I have read a lot of threads-all very helpful-regarding applying for my husband’s visa and financial requirements.
My understanding is that I should apply now for my husband’s visa before he goes to England, rather than his initially going on a visitor 6 month visa, as that would mean he’d have to return to the U.S in order to submit his settlement visa application. I plan to go on ahead of him if necessary.
Questions: As I don’t have a job in the U.K., can we use my husband’s US social security as the required £18,600 in income? If we have to use savings instead, can I use my US 401K savings of over $100K which would convert to more than the £62,500 in savings?
Finally, any idea if I start the application now, would it be reasonable to expect to get a response within 3 months or so?
Thank you for any advice
I am planning to move back to England after 30 years in the US with my American husband, in order to be with my family. My father recently died and I want to care for my mother and spend time with my siblings and my friends. I have been longing to return for more than 15 years but waited until my step children were older and they are now in their 30’s, and will visit us in England. Husband is retired and he is as excited as I am. I am working full-time in the US and hope to find a job in the U.K. (However, I presume that could be difficult to achieve as I am 61 and moving back to my rural hometown.) Fortunately I own a small home I bought 20 years ago so we have a home there I’ve been using as a holiday cottage.
I have read a lot of threads-all very helpful-regarding applying for my husband’s visa and financial requirements.
My understanding is that I should apply now for my husband’s visa before he goes to England, rather than his initially going on a visitor 6 month visa, as that would mean he’d have to return to the U.S in order to submit his settlement visa application. I plan to go on ahead of him if necessary.
Questions: As I don’t have a job in the U.K., can we use my husband’s US social security as the required £18,600 in income? If we have to use savings instead, can I use my US 401K savings of over $100K which would convert to more than the £62,500 in savings?
Finally, any idea if I start the application now, would it be reasonable to expect to get a response within 3 months or so?
Thank you for any advice
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Yes you can use your husband's SS income to meet financial requirements.
Read the following document carefully to see how to qualify and what documentation you have to show:
https://assets.publishing.service.go...ment_Final.pdf
We have had questions regarding using 401K's and the answers have usually been 'probably'. The UK immigration rules state 'cash resources' - whether or not using a 401K, which has not been liquidated, has never been really confirmed. Personally I would liquidate it to make sure it would qualify - I realise this means paying taxes.
If you want to travel home together then you apply now from the US. If hubby enters the UK as a visitor he will have to return to the US to make the application anyway.
If you pay for priority service then, yes you could expect a decision within 3 months - however it is not guaranteed - just puts you ahead of non priority cases. There have been long delays recently.
https://www.gov.uk/uk-family-visa
Read the following document carefully to see how to qualify and what documentation you have to show:
https://assets.publishing.service.go...ment_Final.pdf
We have had questions regarding using 401K's and the answers have usually been 'probably'. The UK immigration rules state 'cash resources' - whether or not using a 401K, which has not been liquidated, has never been really confirmed. Personally I would liquidate it to make sure it would qualify - I realise this means paying taxes.
If you want to travel home together then you apply now from the US. If hubby enters the UK as a visitor he will have to return to the US to make the application anyway.
If you pay for priority service then, yes you could expect a decision within 3 months - however it is not guaranteed - just puts you ahead of non priority cases. There have been long delays recently.
https://www.gov.uk/uk-family-visa
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Thank you so much for your swift response! I have printed the document referenced to study. I will start the application now as I will probably end up leaving by the end of the year, and my husband following when he has the visa.
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If your husband’s Social Security gives him an income of over £18,600 pa to meet the financial requirements and you own a property in the UK to meet the accommodation requirements then your husband’s application should be as straightforward as possible.
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That's great, thanks for the response. Really appreciate the insights.
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